Packaging Art: License Essentials

Packaging Art: License Essentials, Intellectual property rights are fundamental to the creative process. Whether it’s an illustration, a photograph, a musical composition, or a literary work, artists retain ownership of their creations. This legal framework, known as copyright, grants creators the exclusive right to control how their work is used.

For illustrators, copyright protection extends until 70 years after their death, ensuring that their artistic legacy is preserved for future generations. Even after an illustrator has passed away, their works remain under the ownership of their estate or family. Anyone seeking to use an illustration created by another artist must obtain permission to do so, typically through licensing agreements.

Licensing is a common practice in the creative industry, similar to obtaining licenses for photographs from Getty Images or music from performing rights organizations like PRS. As the owners of their intellectual property, illustrators have the authority to license their work for specific purposes, such as magazine covers, children’s books, or TV commercials.

Packaging Art: License Essentials, Licensing terms are customised based on factors such as usage, duration, and territory. These terms dictate how the illustration can be used, for how long, and where it will be distributed. Prices for illustrations are negotiated based on production costs and the scope of the license agreement.

Clients benefit from licensing agreements as they pay only for the rights they need, while illustrators retain ownership of their intellectual property. Alternatively, clients may opt for an assignment of rights, purchasing full ownership of the illustration. However, this entails a higher cost, reflecting the lifetime value of the artwork.

Exclusivity clauses are common in licensing agreements, allowing clients to restrict competitors from using the same illustration for a specified period. The calculation of license fees considers factors such as the scale of usage and audience reach, with higher fees associated with broader exposure.

While there’s no standardized formula for calculating license fees, agreements are tailored to the specific needs of both parties. As agents, our role is to ensure fairness and transparency in the licensing process, ensuring that each party’s interests are adequately represented.